HB18-1020 Civil Forfeiture Reforms

Bill Number: HB18-1020

Year: 2018

ACLU Position: Support

Sponsors: L. Herod/T. Neville/ D.Kagan

Description:

During the 2017 session, the general assembly enacted a bill
involving civil forfeiture requiring seizing agencies to submit reports to
the department of local affairs (department). The bill requires reporting
agencies rather than seizing agencies to file the reports and defines
reporting agency. The bill also expands the scope of the reports to
include seizures related to a local public nuisance law or ordinance.
The 2017 act also prohibited seizing agencies from receiving
forfeiture proceeds from the federal government unless the aggregate
value of property seized in a case is over $50,000. The bill establishes the
law enforcement assistance grant program in the department of public
safety to reimburse seizing agencies for revenue lost because of this
prohibition.

The bill establishes the law enforcement community services grant
program (program) in the division of local government in the department
to provide grants to law enforcement agencies, local governments, and
community organizations to improve community services. It establishes
a committee to review grant applications and make recommendations on
grant awards and establishes a fund from which grants are paid.
Under current law, the net balance of proceeds received from a
forfeiture action are divided evenly between the governmental body of the
seizing agency and the managed service organization providing
behavioral health in the judicial district (MSO). The bill provides that the
50% that went to the MSO is now divided so that the MSO and the new
law enforcement community services grant program fund each receive
25%.

Current Status:

House Committee on Judiciary Refer Amended to Finance (02/06/2018)Introduced In House - Assigned to Judiciary (01/10/2018)